The Federal Bureau of Investigation recently released wanted posters for televangelist Pastor Apollo Quiboloy and two other Kingdom of Jesus Christ officials following their indictment last November 2021 for conspiracy to engage in sex trafficking by force, fraud and coercion, sex trafficking of children, sex trafficking by force, fraud and coercion, conspiracy and bulk cash smuggling.
To date though, there is no request for extradition. A request from the United States Department of Justice to its State Department starts the ball rolling. It will be brought to us through our Department of Foreign Affairs and Department of Justice for evaluation. Should the DOJ deem that there is probable cause, it will file a petition for extradition before the Regional Trial Court, which is a bailable offense.
Here, there is no discussion about whether the respondent is guilty or not. The proper fora would be in the U.S. proceedings. The case before the DOJ is only to determine if there is reasonable belief that a crime was committed. The process is purely legal, based on the process defined in Presidential Decree 1069 and the Extradition Treaty of which the country is a signatory. Thus it is obligatory, not discretionary. Only in extreme cases can we justify not complying, example: If the potential penalty is a death sentence, because the effects of the death penalty has been suspended by Congress.
Meantime, a provisional warrant of arrest may also issue before the e-request, where the U.S. requests for a warrant of arrest. A consideration is an urgency to issue a provisional warrant because respondent is a flight risk. The problem with provisional arrest is if the U.S. fails to file the e-request within 60 days, he will be released.
There is another catch. If the subject of extradition request or deportation petition is facing a local case, the process of extradition or department is stopped until after the local case is completed.
If convicted, that would be the time for possible actual extradition.
Presidentiable Manny Pacquiao has sued Quiboloy before the Makati DOJ for libel. It was dismissed, however (without pastor submitting a counter-affidavit), on the ground that the statements of the pastor were mere “criticisms” of a public official.
If Pacquaio appeals, then since the subject is facing a local case, he cannot be extradited immediately. Unsolicited advice to the People’s Champ, don’t appeal so that indirectly you can seek your justice in the U.S.
On the other hand, unsolicited too, nothing would prevent the pastor from asking one or two friendlies to file a case against him to avoid extradition. So Vice Ganda must wait for another year or two or more before he gets rid of his nemesis.
Patalastas for the Rotary Club of Downtown Session’s EMA Cup 18 on March 12 at Baguio Country Club. Despite the donor fatigue brought about by the pandemic, a lot of our friends and benefactors have poured in their support and may I take the liberty of thanking them (initial partial list):
Diamond sponsor: Former Sen. Ferdinand “Bongbong” R. Marcos, Jr.;
Gold sponsor: Benguet Electric Cooperative;
Major sponsors: The Dream Art Café of Kristine Tabara, Aasenso party-list and Gen. Isagani R. Nerez, 1 Loyalty Lending, Baguio Apaches and Chief Ray Olarte, Rep. Eric Yap, Arnel Piel/AIP Construction, Gov. Luis Chavit Singson/LCS Group of Companies, Lafaayette Hotel/Mike Tank, Pines Estate Gaming Corporation, First La Union Leisure and Gaming Corporation, and Gov. Jess Nicdao;
Hole sponsors: Metrobank c/o Asst. Vice President and Area Head Nonnete G. Silva, Chinabank c/o branch head Rhodelia Garcia, Fernando S. Tiong, Megatower, TCP Enterprise, Parkway Residences and Hospital, Fortune Restaurant and Dr. Sherry Ong-Cunanan, Parkway Laboratory and Diagnostic Center, PAREB-MBRB, APO-BABE and Apo Gamma Psi, Grab n Bag, UpforGrubs;
Donors: Gov. Anna Lorenzana, Amante Ribs and Steaks, Mabalacat Pampanga, and Dr. Ray Anthony Leung;
Other patrons: The Law Firm of Avila, Maceda, Libiran, Marquez, Dalloran-Onahon, Peralta and Baywong, Musar Music Corporation, Batang ‘90s, and Baguio Country Club;
Media partners: Baguio Midland Courier, Highland TV RNG Luzon, and Usapang Legal with Peter Wasing at 98.7 Z Radio.
Golfers of Baguio Blue Bloods, John Hay Golf Club, Pinewoods and the ladies of BLOGA, thank you po sa suporta!
We are touched by your generosity. Sigh.
